Interpreting ‘carrying on business’ for bankruptcy petition jurisdiction (Bridging Finance Inc v Lyons)
Restructuring & Insolvency analysis: A bankruptcy petition can be presented against an individual provided that, among other things, they have ‘carried on business in England and Wales’ in the three years preceding the petition. In Lyons, the court decided that a bankruptcy petition could be presented against a Bahamas-based debtor on the basis of his personal dealings with one property in England. It rejected an argument that the condition was satisfied because the Bahamas-domiciled debtor had an ownership/control interest in more than 30 companies incorporated in England and Wales. This judgment clarifies, among other things, the meaning of ‘carrying on business in England and Wales’ for the purposes of a bankruptcy petition. Written by Aziz Abdul, legal director and Claire Robinson, managing associate at Addleshaw Goddard LLP.